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Texas Senate Bill SB542

Texas 2017 - 85th Regular

Texas Senate Bill SB542 Compare Versions

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11 85R4586 BEF-D
22 By: Bettencourt S.B. No. 542
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to an insurance premium tax credit for contributions made
88 to certain educational assistance organizations.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle B, Title 3, Insurance Code, is amended
1111 by adding Chapter 230 to read as follows:
1212 CHAPTER 230. CREDIT AGAINST PREMIUM TAXES FOR CONTRIBUTIONS TO
1313 CERTAIN EDUCATIONAL ASSISTANCE ORGANIZATIONS
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 230.001. DEFINITIONS. In this chapter:
1616 (1) "Designated contribution" means a contribution
1717 for which an entity provides notice under Section 230.152(c).
1818 (2) "Educational assistance organization" means an
1919 organization that:
2020 (A) has the ability according to the
2121 organization's charter to award scholarships to or pay educational
2222 expenses for eligible students in:
2323 (i) public elementary or secondary schools
2424 located in this state; or
2525 (ii) nonpublic elementary or secondary
2626 schools located in this state:
2727 (a) that meet the requirements of
2828 Section 230.101;
2929 (b) at which a student may fulfill
3030 this state's compulsory attendance requirements; and
3131 (c) that are not in violation of the
3232 federal Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);
3333 and
3434 (B) uses part of its annual revenue for the
3535 purpose provided by Paragraph (A).
3636 (3) "Eligible nonpublic school" means a school that
3737 meets the requirements of Section 230.101.
3838 (4) "Net savings" means any positive difference in a
3939 state fiscal year between:
4040 (A) the amount by which state spending on public
4141 education for that year is reduced as a result of students receiving
4242 scholarships and educational expense assistance from the certified
4343 educational assistance organization under this chapter; and
4444 (B) the amount by which state revenue derived
4545 from Chapters 221 through 226 is reduced as a result of tax credits
4646 under this chapter.
4747 (5) "State premium tax liability" means any liability
4848 incurred by an entity under Chapters 221 through 226.
4949 Sec. 230.002. TREATMENT OF CERTAIN CONTRIBUTIONS AS PROGRAM
5050 FUNDS. (a) In this chapter, "program funds" means money
5151 contributed to the certified educational assistance organization
5252 in a state fiscal year for which entities are granted tax credits
5353 under Subchapter D.
5454 (b) Except as provided by Subsection (d), the certified
5555 educational assistance organization shall treat a designated
5656 contribution as program funds until the date the comptroller
5757 notifies the certified educational assistance organization that
5858 the entity that made the designated contribution:
5959 (1) failed to apply for a credit under Section 230.155
6060 on or with the tax report covering the period in which the
6161 designated contribution was made; or
6262 (2) was denied a credit under Subchapter D for the
6363 designated contribution.
6464 (c) The comptroller shall promptly notify the certified
6565 educational assistance organization of a condition described by
6666 Subsection (b).
6767 (d) If the comptroller expects that, for a state fiscal
6868 year, the amount of designated contributions will exceed the amount
6969 of credits available under this chapter, the comptroller may
7070 establish a reserve amount for the state fiscal year equal to the
7171 estimated amount of designated contributions that will qualify as
7272 program funds. If the comptroller establishes a reserve amount for
7373 a state fiscal year, the certified educational assistance
7474 organization is only required to treat as program funds an amount of
7575 designated contributions received in the state fiscal year equal to
7676 the reserve amount for that year.
7777 (e) The certified educational assistance organization shall
7878 use designated contributions treated as program funds under this
7979 section for any purpose authorized by Subchapter C for the
8080 expenditure of program funds.
8181 Sec. 230.003. RULES; PROCEDURES. (a) The comptroller
8282 shall adopt rules and procedures to implement, administer, and
8383 enforce this chapter.
8484 (b) A rule adopted under Subsection (a) is binding on an
8585 organization that bids for a contract to serve as the certified
8686 educational assistance organization, an entity that applies for a
8787 credit, and a state or local governmental entity, including a
8888 political subdivision, as necessary to implement, administer, and
8989 enforce this chapter.
9090 SUBCHAPTER B. CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION
9191 Sec. 230.051. CERTIFIED EDUCATIONAL ASSISTANCE
9292 ORGANIZATION; AWARD OF CONTRACT. (a) An organization may submit a
9393 bid to the comptroller for a contract to serve as the certified
9494 educational assistance organization during a bidding period
9595 provided by the comptroller.
9696 (b) To be eligible for a contract awarded under this
9797 section, an organization:
9898 (1) must:
9999 (A) be exempt from federal tax under Section
100100 501(a) of the Internal Revenue Code of 1986 by being listed as an
101101 exempt organization in Section 501(c)(3) of that code;
102102 (B) be in good standing with the state;
103103 (C) be located in the state;
104104 (D) agree to allocate at least 90 percent of
105105 program funds in the manner provided by Section 230.106;
106106 (E) agree to award scholarships and assistance
107107 for qualifying educational expenses to eligible students who
108108 demonstrate the greatest financial and academic need;
109109 (F) agree to give each donor a receipt for money
110110 contributed to the organization that includes the name of the
111111 donor, the amount of the contribution, the information required by
112112 Section 230.152(c), and any other information required by the
113113 comptroller;
114114 (G) demonstrate experience and technical
115115 expertise in:
116116 (i) accepting, processing, and tracking
117117 applications for scholarships or educational expense assistance;
118118 and
119119 (ii) awarding scholarships to students in
120120 primary or secondary schools;
121121 (H) agree to be independently audited on an
122122 annual basis and file the audit with the comptroller; and
123123 (I) agree to disburse program funds within two
124124 academic years of receipt; and
125125 (2) may not:
126126 (A) establish eligibility requirements, other
127127 than the requirements under Section 230.102, for scholarships or
128128 educational expense assistance paid from program funds;
129129 (B) provide to a student a scholarship in an
130130 annual amount that exceeds the amount provided under Section
131131 230.104(a) or (b) unless the money used to provide the portion of
132132 the scholarship in excess of that amount is not program funds; or
133133 (C) provide to a student educational expense
134134 assistance in excess of the amount provided under Section
135135 230.104(c), unless the money used to provide the portion of the
136136 assistance in excess of that amount is not program funds.
137137 (c) The comptroller may contract with only one certified
138138 educational assistance organization at any time. The comptroller
139139 shall select a successful bidder from among the organizations that
140140 submit a bid under Subsection (a) and meet the requirements of
141141 Subsection (b) and award to that bidder a contract to serve as the
142142 certified educational assistance organization. The comptroller
143143 has broad discretion in awarding the certified educational
144144 assistance organization contract.
145145 (d) The comptroller shall notify all organizations that
146146 submit a bid under Subsection (a) of the comptroller's selection
147147 under Subsection (c).
148148 (e) The comptroller shall attempt to maintain one certified
149149 educational assistance organization at all times. The comptroller
150150 shall provide a bidding period under Subsection (a) as soon as
151151 practicable after the comptroller learns there is, or is likely to
152152 be, a vacancy for the certified educational assistance
153153 organization.
154154 (f) The comptroller's selection under Subsection (c) is
155155 final and is not appealable.
156156 Sec. 230.052. TERMINATION OF CONTRACT. (a) A contract
157157 between the comptroller and a certified educational assistance
158158 organization entered into under Section 230.051 must include
159159 provisions regarding termination of the contract that are
160160 consistent with the requirements of this section.
161161 (b) The comptroller shall terminate a contract under
162162 Section 230.051 if the comptroller finds that the certified
163163 educational assistance organization:
164164 (1) is no longer eligible under Section 230.051; or
165165 (2) intentionally and substantially violates this
166166 chapter.
167167 (c) The comptroller has broad discretion in determining
168168 whether to terminate a contract under Subsection (b).
169169 (d) The comptroller shall notify the certified educational
170170 assistance organization in writing of the comptroller's decision to
171171 terminate the organization's contract. The comptroller shall
172172 include in the notice of termination the reasons for the proposed
173173 termination.
174174 (e) If the comptroller notifies the certified educational
175175 assistance organization of the proposed termination of the
176176 organization's contract, the organization may request in writing a
177177 reconsideration of the proposed termination not later than the 10th
178178 day after the date the notice under Subsection (d) is received. If
179179 the organization does not request a reconsideration of the proposed
180180 termination on or before that date, the termination is final.
181181 (f) An organization that requests a reconsideration under
182182 Subsection (e) may submit to the comptroller, not later than the
183183 30th day after the date the request for reconsideration is
184184 submitted, additional information and documents to support the
185185 organization's request for reconsideration.
186186 (g) The comptroller's reconsideration of a proposed
187187 termination under this section is not a contested case under
188188 Chapter 2001, Government Code. The comptroller's decision on a
189189 request for reconsideration of a proposed termination is final and
190190 is not appealable.
191191 (h) Termination of a contract under this section does not
192192 affect the validity of a tax credit relating to a designated
193193 contribution made before the date of termination.
194194 SUBCHAPTER C. SCHOLARSHIP AND EDUCATIONAL EXPENSE ASSISTANCE
195195 PROGRAM
196196 Sec. 230.101. ELIGIBILITY OF NONPUBLIC SCHOOLS. The
197197 certified educational assistance organization may award
198198 scholarships to or pay educational expenses for eligible students
199199 enrolled in a nonpublic school if the nonpublic school executes a
200200 notarized affidavit, with supporting documents, concerning the
201201 school's qualification for scholarships and educational expense
202202 assistance for eligible students who receive assistance from the
203203 certified educational assistance organization, including evidence
204204 of:
205205 (1) accreditation by the Texas Education Agency or by
206206 an organization recognized by the Texas Private School
207207 Accreditation Commission;
208208 (2) annual administration of a nationally
209209 norm-referenced assessment instrument or the appropriate
210210 assessment instrument required under Section 39.023, Education
211211 Code;
212212 (3) valid certificate of occupancy; and
213213 (4) policy statements regarding:
214214 (A) admissions;
215215 (B) curriculum;
216216 (C) safety;
217217 (D) food service inspection; and
218218 (E) student to teacher ratios.
219219 Sec. 230.102. ELIGIBILITY OF STUDENTS. (a) A student is
220220 eligible to apply to the certified educational assistance
221221 organization for a scholarship or educational expense assistance
222222 paid from program funds if the student was enrolled in a public
223223 school during the entire preceding school year or is enrolling in
224224 school in this state for the first time and the student:
225225 (1) is in foster care;
226226 (2) is in institutional care;
227227 (3) has a parent who is on active duty in the military;
228228 (4) resides in a household with income not greater
229229 than 200 percent of the income guidelines necessary to qualify for
230230 the national free or reduced-price lunch program established under
231231 42 U.S.C. Section 1751 et seq.;
232232 (5) is the sibling of a child who is eligible to apply
233233 under this section;
234234 (6) previously qualified to apply under this section;
235235 or
236236 (7) is in kindergarten through grade 12, is eligible
237237 under Section 29.003, Education Code, to participate in a school
238238 district's special education program, and has an individualized
239239 education program under Section 29.005, Education Code.
240240 (b) A student who establishes eligibility under Subsection
241241 (a)(7) may continue to receive assistance under this chapter until
242242 the earlier of the date the student graduates from high school or
243243 the student's 22nd birthday.
244244 (c) The certified educational assistance organization shall
245245 award scholarships and educational expense assistance to eligible
246246 students who apply in accordance with this chapter.
247247 Sec. 230.103. NOTICE TO CERTAIN PARENTS. A school district
248248 shall provide written notice of the availability of assistance
249249 under this chapter to the parent of a student who is eligible to
250250 apply for assistance under Section 230.102(a)(7). The notice must
251251 inform the parent:
252252 (1) that an eligible nonpublic school is not subject
253253 to laws regarding the provision of education services in the same
254254 manner as a public school;
255255 (2) that a student with a disability attending an
256256 eligible nonpublic school may not receive the services a student
257257 with a disability attending a public school is entitled to receive
258258 under federal and state law;
259259 (3) of the rights provided under the Individuals with
260260 Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
261261 including:
262262 (A) an individualized education program;
263263 (B) education services provided in the least
264264 restrictive environment;
265265 (C) instruction from certified teachers;
266266 (D) due process hearings to ensure proper and
267267 full implementation of an individualized education program;
268268 (E) transition and planning services; and
269269 (F) supplementary aids and services;
270270 (4) of the rights provided under Subchapter A, Chapter
271271 29, Education Code; and
272272 (5) of any other rights provided under federal or
273273 state law to a student with a disability who attends a public
274274 school.
275275 Sec. 230.104. LIMIT ON AMOUNT OF SCHOLARSHIP OR EDUCATIONAL
276276 EXPENSE ASSISTANCE. (a) Except as provided by Subsection (b), the
277277 maximum scholarship amount the certified educational assistance
278278 organization may award to a student under this chapter paid from
279279 program funds may not exceed 75 percent of the state average
280280 maintenance and operations expenditures per student in average
281281 daily attendance for the preceding state fiscal year.
282282 (b) The maximum scholarship amount under Subsection (a) may
283283 not exceed 50 percent of the state average maintenance and
284284 operations expenditures per student in average daily attendance for
285285 the preceding state fiscal year if the student receiving the
286286 scholarship resides in a household with income greater than 175
287287 percent of the income guidelines necessary to qualify for the
288288 national free or reduced-price lunch program established under 42
289289 U.S.C. Section 1751 et seq. This subsection does not apply to a
290290 student who is eligible for assistance under Section 230.102(a)(7)
291291 or (b).
292292 (c) The maximum educational expense assistance the
293293 certified educational assistance organization may award to a
294294 student under this chapter paid from program funds may not exceed
295295 $750 for the 2018 state fiscal year, increased by five percent each
296296 subsequent year.
297297 Sec. 230.105. QUALIFIED EDUCATIONAL EXPENSES. (a) Except
298298 as provided by Subsection (c), the scholarship amount described by
299299 Section 230.104(a) or (b) may be used only to pay for the following
300300 qualified educational expenses incurred by the student awarded the
301301 scholarship who attends an eligible nonpublic school:
302302 (1) tuition;
303303 (2) transportation;
304304 (3) textbooks;
305305 (4) tutoring;
306306 (5) academic after-school programs;
307307 (6) instructional supplies required by the school;
308308 (7) school or lab fees;
309309 (8) before-school or after-school child care; and
310310 (9) uniforms.
311311 (b) Except as provided by Subsection (c), the educational
312312 expense assistance amount described by Section 230.104(c) may be
313313 used only to pay for the following qualified educational expenses
314314 incurred by the student awarded the educational expense assistance:
315315 (1) facility fees;
316316 (2) transportation expenses, including the cost to
317317 transfer from one public school to another;
318318 (3) textbooks;
319319 (4) tutoring;
320320 (5) academic after-school programs;
321321 (6) instructional supplies required by the school;
322322 (7) school or lab fees; and
323323 (8) before-school or after-school child care.
324324 (c) In addition to the expenses described by Subsections (a)
325325 and (b), the scholarship or educational expense assistance amount
326326 awarded to a student eligible under Section 230.102(a)(7) or (b)
327327 may be used to pay for the following qualified educational
328328 expenses:
329329 (1) educational therapies from a licensed or
330330 accredited practitioner or provider;
331331 (2) a licensed or accredited paraprofessional or
332332 educational aide;
333333 (3) tuition for vocational and life skills education;
334334 and
335335 (4) associated services that include educational and
336336 psychological evaluations, assistive technology rentals, and
337337 translation services.
338338 Sec. 230.106. ALLOCATION OF PROGRAM FUNDS. Of the program
339339 funds required to be allocated as provided by Section
340340 230.051(b)(1)(D), the certified educational assistance
341341 organization shall use:
342342 (1) at least 80 percent to award scholarships
343343 described by Sections 230.104(a) and (b); and
344344 (2) not more than 20 percent to award educational
345345 expense assistance as described by Section 230.104(c).
346346 Sec. 230.107. REPORT OF NET SAVINGS TO PUBLIC EDUCATION.
347347 Not later than December 31 of each even-numbered year, the
348348 comptroller shall determine the amount of net savings for the
349349 previous state fiscal biennium and make available to the public a
350350 report of that amount of savings.
351351 SUBCHAPTER D. CREDIT
352352 Sec. 230.151. CREDIT. An entity may apply for a credit
353353 against the entity's state premium tax liability in the amount and
354354 under the conditions and limitations provided by this chapter. The
355355 comptroller shall award credits as provided by Section 230.155.
356356 Sec. 230.152. CONTRIBUTIONS ELIGIBLE FOR CREDIT. (a) An
357357 entity may apply for a credit under this chapter only for designated
358358 contributions made by the entity.
359359 (b) An entity may not apply for a credit under this chapter
360360 for a designated contribution made to the certified educational
361361 assistance organization if:
362362 (1) the entity requires that the contribution benefit
363363 a particular person or school; or
364364 (2) the contribution is directed to provide a
365365 scholarship or educational expense assistance for an entity
366366 employee or for a spouse or dependent of an entity employee.
367367 (c) An entity shall provide written notice to the certified
368368 educational assistance organization when the entity makes a
369369 contribution if the entity may apply for a tax credit under this
370370 chapter for the contribution. An entity may not apply for a credit
371371 for the contribution unless the entity provides the notice at the
372372 time the contribution is made. The certified educational
373373 assistance organization shall indicate on the receipt provided
374374 under Section 230.051(b)(1)(F) that the entity provided notice
375375 under this subsection.
376376 Sec. 230.153. AMOUNTS; LIMITATION ON TOTAL CREDITS. (a)
377377 Subject to Subsections (b) and (c), the amount of an entity's credit
378378 is equal to the lesser of:
379379 (1) the amount of designated contributions made to the
380380 certified educational assistance organization during the period
381381 covered by the tax report; or
382382 (2) 50 percent of the entity's state premium tax
383383 liability for the report.
384384 (b) For the 2018 state fiscal year, the total amount of tax
385385 credits that may be awarded under this chapter may not exceed $100
386386 million. For each subsequent state fiscal year, the total amount of
387387 tax credits that may be awarded is an amount equal to 110 percent of
388388 the total amount of tax credits that may be awarded in the previous
389389 state fiscal year.
390390 (c) The comptroller by rule shall prescribe procedures by
391391 which the comptroller may allocate credits under this chapter. The
392392 procedures must provide that:
393393 (1) credits are allocated first to entities that
394394 received preliminary approval under Section 230.154 and that apply
395395 under Section 230.155; and
396396 (2) any credits remaining after the allocation under
397397 Subdivision (1) are allocated to entities that apply under Section
398398 230.155 on a first-come, first-served basis, based on the date the
399399 designated contribution was initially made.
400400 (d) The comptroller may require an entity to notify the
401401 comptroller of the amount the entity intends or expects to apply for
402402 under this chapter before the beginning of a state fiscal year or at
403403 any other time required by the comptroller.
404404 Sec. 230.154. PRELIMINARY APPROVAL FOR CREDIT. (a) Before
405405 making a contribution to the certified educational assistance
406406 organization, an entity may apply to the comptroller for
407407 preliminary approval for a credit under this chapter for the
408408 contribution.
409409 (b) An entity must apply for preliminary approval on a form
410410 provided by the comptroller that includes the amount the entity
411411 expects to contribute and any other information the comptroller
412412 requires.
413413 (c) The comptroller shall grant preliminary approval for
414414 credits under this chapter on a first-come, first-served basis,
415415 based on the date the comptroller receives the application for
416416 preliminary approval.
417417 (d) The comptroller shall grant preliminary approval for a
418418 credit under this chapter for a state fiscal year if the sum of the
419419 amount of the credit and the total amount of all other credits
420420 preliminarily approved for that state fiscal year does not exceed
421421 the amount provided by Section 230.153(b).
422422 (e) Final award of a credit preliminarily approved under
423423 this section remains subject to the limitations under Section
424424 230.153 and all other requirements of this chapter.
425425 Sec. 230.155. APPLICATION FOR CREDIT. (a) An entity must
426426 apply for a credit under this chapter on or with the tax report
427427 covering the period in which the designated contribution was made.
428428 (b) The comptroller shall adopt a form for the application
429429 for the credit. An entity must use this form in applying for the
430430 credit and must include with the application form each receipt
431431 issued under Section 230.051(b)(1)(F) that includes the
432432 information required by Section 230.152(c).
433433 (c) Subject to Section 230.153(c), the comptroller may
434434 award a credit to an entity that applies for the credit under
435435 Subsection (a) if the entity is eligible for the credit and the
436436 credit is available under Section 230.153(b). The comptroller has
437437 broad discretion in determining whether to grant or deny an
438438 application for a credit.
439439 (d) The comptroller shall notify an entity in writing of the
440440 comptroller's decision to grant or deny the application under
441441 Subsection (a). If the comptroller denies an entity's application,
442442 the comptroller shall include in the notice of denial the reasons
443443 for the comptroller's decision.
444444 (e) If the comptroller denies an entity's application under
445445 Subsection (a), the entity may request in writing a reconsideration
446446 of the application not later than the 10th day after the date the
447447 notice under Subsection (d) is received. If the entity does not
448448 request a reconsideration of the application on or before that
449449 date, the comptroller's decision is final.
450450 (f) An entity that requests a reconsideration under
451451 Subsection (e) may submit to the comptroller, not later than the
452452 30th day after the date the request for reconsideration is
453453 submitted, additional information and documents to support the
454454 entity's request for reconsideration.
455455 (g) The comptroller's reconsideration of an application
456456 under this section is not a contested case under Chapter 2001,
457457 Government Code. The comptroller's decision on a request for
458458 reconsideration of an application is final and is not appealable.
459459 (h) This section does not create a cause of action to
460460 contest a decision of the comptroller to deny an application for a
461461 credit under this chapter.
462462 Sec. 230.156. ASSIGNMENT PROHIBITED; EXCEPTION. An entity
463463 may not convey, assign, or transfer the credit allowed under this
464464 chapter to another entity unless all of the assets of the entity are
465465 conveyed, assigned, or transferred in the same transaction.
466466 Sec. 230.157. NOTICE OF AVAILABILITY OF CREDIT. The
467467 comptroller shall provide notice of the availability of the credit
468468 under this chapter on the comptroller's Internet website, in the
469469 instructions for insurance premium tax report forms, and in any
470470 notice sent to an entity concerning the requirement to file an
471471 insurance premium tax report.
472472 SECTION 2. (a) The constitutionality and other validity
473473 under the state or federal constitution of all or any part of
474474 Chapter 230, Insurance Code, as added by this Act, may be determined
475475 in an action for declaratory judgment in a district court in Travis
476476 County under Chapter 37, Civil Practice and Remedies Code, except
477477 that this section does not authorize an award of attorney's fees
478478 against this state and Section 37.009, Civil Practice and Remedies
479479 Code, does not apply to an action filed under this section. This
480480 section does not authorize a taxpayer suit to contest the denial of
481481 a tax credit by the comptroller of public accounts.
482482 (b) An appeal of a declaratory judgment or order, however
483483 characterized, of a district court, including an appeal of the
484484 judgment of an appellate court, holding or otherwise determining
485485 that all or any part of Chapter 230, Insurance Code, as added by
486486 this Act, is constitutional or unconstitutional, or otherwise valid
487487 or invalid, under the state or federal constitution is an
488488 accelerated appeal.
489489 (c) If the judgment or order is interlocutory, an
490490 interlocutory appeal may be taken from the judgment or order and is
491491 an accelerated appeal.
492492 (d) A district court in Travis County may grant or deny a
493493 temporary or otherwise interlocutory injunction or a permanent
494494 injunction on the grounds of the constitutionality or
495495 unconstitutionality, or other validity or invalidity, under the
496496 state or federal constitution of all or any part of Chapter 230,
497497 Insurance Code, as added by this Act.
498498 (e) There is a direct appeal to the Texas Supreme Court from
499499 an order, however characterized, of a trial court granting or
500500 denying a temporary or otherwise interlocutory injunction or a
501501 permanent injunction on the grounds of the constitutionality or
502502 unconstitutionality, or other validity or invalidity, under the
503503 state or federal constitution of all or any part of Chapter 230,
504504 Insurance Code, as added by this Act.
505505 (f) The direct appeal is an accelerated appeal.
506506 (g) This section exercises the authority granted by Section
507507 3-b, Article V, Texas Constitution.
508508 (h) The filing of a direct appeal under this section will
509509 automatically stay any temporary or otherwise interlocutory
510510 injunction or permanent injunction granted in accordance with this
511511 section pending final determination by the Texas Supreme Court,
512512 unless the supreme court makes specific findings that the applicant
513513 seeking such injunctive relief has pleaded and proved that:
514514 (1) the applicant has a probable right to the relief it
515515 seeks on final hearing; and
516516 (2) the applicant will suffer a probable injury that
517517 is imminent and irreparable, and that the applicant has no other
518518 adequate legal remedy.
519519 (i) An appeal under this section, including an
520520 interlocutory, accelerated, or direct appeal, is governed, as
521521 applicable, by the Texas Rules of Appellate Procedure, including
522522 Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
523523 38.6(a) and (b), 40.1(b), and 49.4.
524524 SECTION 3. An entity may apply for a credit under Chapter
525525 230, Insurance Code, as added by this Act, only for an expenditure
526526 made on or after the effective date of this Act.
527527 SECTION 4. Not later than February 15, 2018, the
528528 comptroller of public accounts shall adopt rules as provided by
529529 Section 230.003(a), Insurance Code, as added by this Act.
530530 SECTION 5. The comptroller of public accounts shall make
531531 the initial determination of net savings and report regarding that
532532 savings as required by Section 230.107, Insurance Code, as added by
533533 this Act, not later than December 31, 2020, based on the state
534534 fiscal biennium ending August 31, 2019.
535535 SECTION 6. This Act applies only to a report originally due
536536 on or after the effective date of this Act.
537537 SECTION 7. This Act takes effect January 1, 2018.